ORDER:

This writ petition under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents more particularly respondents 2 to 4 herein in not acting on the report made by the petitioner as well as in not taking action against the respondents Nos.10 to 13 herein and his men in spite of making report to the 2nd respondent through Registered Post with Acknowledgment Due on 23.12.2023 as illegal, arbitrary and also opposite to Article 21 of the Constitution of India as well as opposite to the verdict of the Apex Court reported in (2014) 2 SCC 1 Lalitha Kumari Vs. State of UP 2023 Live Law (SC) 639 Sindhu Janak Nagaroje Vs. The State of Maharashtra & Others, consequently direct the respondents more particularly the respondents 2 & 3 herein to act upon the report made by the petitioner as well as the report to the 2nd respondent through Registered Post with Acknowledgment Due on 23.12.2023 forthwith by taking action against the erring officer i.e., the 4th respondent by the 2nd respondent in avoiding his duty in registering the FIR as per Clause 120.4 of the verdict of the Apex Court reported in (2014) 2 SCC 1 Lalitha Kumari Vs. State of UP and pass such other order or orders may deem fit and proper in the circumstances of the case.”

2. Heard Sri V. Sai Kumar, learned counsel appearing for the petitioner, the learned Assistant Government Pleader for Home appearing for the respondents No.1 to 4, the learned Assistant Government Pleader for Revenue appearing for the respondent No.6, Sri A. Venkata Durga Rao, learned counsel appearing for the respondent No.7/Corporation.

3. The writ petitioner is managing the Indian Oil Petrol Bunk of its license holder, Subba Raju Agencies. However, the 11th respondent belonging to the ruling party intended to grab the petrol bunk and sent his men, i.e., respondents No.12 & 13 and others (15 in number) at about 05.30 pm on 22.12.2023 which was recorded in the CC cameras installed at Siri Decorators and that those persons who came to the petrol bunk disconnected the CC cameras installed in the petrol bunk and illegally trespassed into the petrol station, looted the sale proceeds and took away nearly 22,000 litres of petrol and diesel. They stayed there for about 12 hours i.e., till 5 AM in the morning of 23.12.2023. It is further contended that heeding to the pressure tactics of respondent No.11 as well as the legislature of the vicinity, the respondent police avoided to register a crime and to come to the place of offence, though the Supervisor of the petrol bunk made his report to the 4th respondent as well as called to the police helpline “100”. It is further alleged that when the Supervisor of the petrol bunk went to I Town Police Station, Kakinada to make a report, he was advised to settle the issue with the respondent No.11 and refused to receive the complaint and that immediately after happening of the incident, all the news channels telecasted the offence, but due to the pressure of the respondent No.11, no action has been taken against the culprits.

4. It is the further case of the petitioner that on the same date, he had been to the office of the respondent No.3 to make a report but he was informed that the respondent No.3 was not in the office and having no other go, the petitioner had sent a report through RPAD to respondent No.3, but in vain. It is further stated that there is record to show that diesel and petrol were sold and looted on 22.12.2023 at 06.18 PM onwards to 04.41 AM of 23.12.2023, and therefore, the police are under an obligation to get the records from the Corporation and take stringent action against the culprits.

5. The petitioner claims that originally he belongs to the party in power in the government, however, as recently he resigned to the said party and joined the rival party, for political reasons, no action has been